AGO 1989-004.

• Case Date: January 19, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-004. January 19, 1989ATTORNEY GENERAL OPINION NO. 89-4The Honorable Herbert W. Walton District Judge Division No. 1 Johnson County Courthouse Olathe, Kansas 66061 Re: Automobiles and Other Vehicles--Driving Under Influence of Alcohol or Drugs; Related Provisions--Alcohol and Drug Safety Action Program Synopsis: An administrative judge may, by directive, promulgate guidelines setting forth procedural requirements for obtaining certification, and interpreting statutory requirements for qualification of programs seeking certification under K.S.A. 1988 Supp. 8-1008. An administrative judge may not, however, establish and enforce guidelines which impose substantive conditions and requirements not contemplated by statute, as this would constitute a legislative rather than an administrative act. K.S.A. 1988 Supp. 8-1008(e) authorizes the courts to contract for services necessary to the administration of its provisions, and to use 10% of the money credited to the alcohol and drug safety action fund to pay for such services. Cited herein: K.S.A. 1988 Supp. 8-1008; K.S.A. 20-239; 20-345. * * * Dear Judge Walton: As Administrative Judge of the Tenth Judicial District of the State of Kansas you request our opinion regarding the scope of your authority in carrying out the responsibilities assigned to you pursuant to K.S.A. 1988 Supp. 8-1008. K.S.A. 1988 Supp. 8-1008 lists the qualifications of, and services to be provided by, community-based alcohol and drug safety action programs seeking certification. The statute sets forth the responsibilities of the administrative judge certifying such programs as follows:

"A Community-based alcohol and drug safety action program shall be certified either by the administrative judge of the judicial district to be served by the program or by the secretary of social and rehabilitation services for judicial districts in which the administrative judge declines to certify a program. In establishing the qualifications for programs, the administrative judge or the secretary shall give preference to those programs which have had practical experience prior to July 1, 1982, in diagnosis and referral in alcohol and drug abuse. Certification of a program by the administrative judge shall be done with consultation and approval of a majority of the judges of the

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